Heiman v. Felder
Supreme Court of Iowa
Appeal from Ghiclcasaw District Court. — W. J. Springer, Judge. Plaintiff claims that defendant made certain false representations to Mm wMeh induced Mm to buy a tract of land at $97.50 per acre, for wMch tbe seller received but $95 an acre, and that defendant fraudulently received the difference between what was paid and received, to wit, the sum of $500. Plaintiff had verdict and judgment for $500, and defendant appeals.
1Opinion of the CourtSalinoer, J.
1' amendmeits: close of evidenee. I. There was denied a motion to strike an amendment to petition received after the testimony was closed. Speaking to the matters raised by the motion, we have to say that the receiving the pleading as late as was done is not shown here to be the abuse of discretion for which we may . \ interfere. The concession there was evidence relevant to the amendment justifies us, though same was admitted under objection, in not interfering on the ground of surprise; nor can we hold proper opportunity to meet the amendment was denied. As an alternative, -a continuance…
2Cases cited36 opinions
- Ormsby v. GrahamSupreme Court of Iowa · 1904
- Fairchild v. . McMahonNew York Court of Appeals · 1893
- McDonald v. SmithMichigan Supreme Court · 1905
- Koon v. TramelSupreme Court of Iowa · 1887
- State v. AsburySupreme Court of Iowa · 1915
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3Cited by29 opinions
- Sergeant v. Watson Bros. Transportation Co.Supreme Court of Iowa · 1952
- Smith v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1921
- Kaltenheuser v. SeskerSupreme Court of Iowa · 1963
- Jacobs v. City of Cedar RapidsSupreme Court of Iowa · 1917
- Willis v. SchertzSupreme Court of Iowa · 1919
24 more not listed; retrieve them via the Exa API.